A ‘letter giving notice’ is not always a resignation…

By November 5, 2018Uncategorized
A ‘letter giving notice’ is not always a resignation. In the case of East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeals Tribunal dismissed an appeal from the Trust and upheld an earlier employment tribunal decision that Ms Levy had been unfairly dismissed.
Ms Levy had been offered a role at another department within the Trust and there gave a letter to her manager giving “one month’s notice”. When her job offer from the other department had been withdrawn, she attempted to withdraw her notice. This was refused and she brought a claim for unfair dismissal.
It was held that Ms Levy’s notice could have been a notice of termination or a notice of intended transfer, and that an observer could reasonably conclude that she was not giving notice to terminate her employment but was rather advising her manager of her acceptance of the other role.